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ORD 1255 02/12/2019Or C'e � Oj(j(j(jjj "ex rs "City of Choice" ORDINANCE /o2�.5 COPY AN ORDINANCE OF THE CITY OF CIBOLO, TEXAS, TO REZONE 35.906 ACRES OF CERTAIN REAL PROPERTY, LOCATED SOUTH OF IH -35 AND WEST OF THE LANTANA SUBDIVISION FROM A PLANNED UNIT DEVELOPMENT DISTRICT (PUD) ZONING CLASSIFICATION, TO A PUD EXPANSION OF THE CIBOLO CROSSING DEVELOPMENT ("CIBOLO CROSSING 1111); DECLARING COMPLIANCE WITH MUNICIPAL ZONING REGUATIONS, STATE LAW, PUBLIC NOTICE AND HEARING REQUIREMENTS, INCORPORATING RECITALS; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND DECLARING AN EFFECTIVE DATE WHEREAS, Texas Local Government Code Section 211.004 provides that zoning regulations and district boundaries must be adopted in accordance with a duly adopted Comprehensive Plan; and WHEREAS, Texas Local Government Code Section 211.002 authorizes the City of Cibolo, as a home - rule municipality, to adopt, repeal or amend zoning district boundaries in order to promote the public health, safety and general welfare of the City; and WHEREAS, Section 9.02 of the City Charter of the City of Cibolo also provides that the City Council with the authority to fix City zoning district boundaries by ordinance, and provide for the alteration of said boundaries in any manner provided by law, and WHEREAS, Section 4.7.4.1., (entitled "Planned Unit Development (PUD) Districts Regulations) authorized the designation of land as a Planned Unit Development District in order to allow the land to be developed as an integral unit for single or mixed -uses in accordance with a plan that may vary from the established regulations of other zoning districts, with the objective of observing good zoning practices while allowing certain desirable departures from the strict provisions of specific zoning classifications; and WHEREAS, the City of Cibolo received an application from Babcock Road 165 Ltd_ to rezone its 35.906 acres of real property, located south of IH -35 and west of the Lantana Subdivision, from PUD to a PUD expansion of the Cibolo Crossing Development ("Cibolo Crossing ff); and WHEREAS, two public hearings were held to discuss the PUD expansion described herein, with the first public hearing being conducted by the Planning & Zoning Commission on Wednesday, January 9, 2019 at 6:30 p.m. in the Cibolo City Hall; and the second public hearing being conducted by City Council on Tuesday, January 22, 2017 at 6:30 p.m. in the Cibolo City Hall; each being conducted for the purpose of providing all interested persons the opportunity to be heard concerning the proposed PUD as described herein and depicted on Exhibit "A"; and WHEREAS, legal notice notifying the public of both public hearings on the prop,,C01?dY1,e rezoned, was published in the Seguin Gazette, a newspaper of general circulation i ;, , r'I ^i on December 23, 2018, and December 25, 2018, with said publications provided more than fifteen (15) days prior to the public hearing before the City Council; and WHEREAS, written notice of the above public hearing before the Planning and Zoning Commission was sent to each owner of real property, as indicated on the approved tax roll of the City of Cibolo, within 200 feet of the property that is the subject of the proposed PUD, with said notice provided more than ten (10) days prior to the initial public hearing of the Planning and Zoning Commission as cited above; and WHEREAS, the City Council, hereby determines that the Planned Unit Development expanding the Cibolo Crossing Development as shown within Exhibit "A" is in accordance with the City's Comprehensive Plan. NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1. AMENDMENT. A. The 35.906 acres of land out of the John Saladin Survey No. 404, Abstract No. 299, Guadalupe County, Texas, and being 35.906 acres (designated as Tract 1 in a survey by William J. Koloozie Surveying Co.) out of that certain 79.3 acre tract of land conveyed by Woodrow Wuest, et al., to W.E. Dean, Trustee, by deed dated July 2, 1957 and recorded in Volume 309 on pages 193-195 of the Deed Records of Guadalupe County, Texas; said 36.906 acre tract being more particularly described by metes and bounds in Exhibit "A" and depicted in the drawings in Exhibits `B", "C", and "D", shall be rezoned from the existing Planned Unit Development (PUD) District to a PUD expanding the Cibolo Crossing Development, ("Cibolo Crossing 11"). B. The zoning map of the City of Cibolo is hereby amended to reflect the new zoning designations as created by this Ordinance, being more specifically defined on EXHIBIT `B". C. Development at Cibolo Crossing 11 will comply with the Cibolo Master Plan and the development regulations included in Appendix 1. SECTION 2. DECLARATION OF COMPLIANCE. The City Council finds that all required public notices for the rezoning of the Property described in EXHIBIT "A" have been published and the public hearings as required by Municipal Code of Ordinances and state law have been held to consider the application to amend the zoning district bolmdary. SECTION 4. INCORPORATION OF RECITALS. The City Council finds the recitals in the preamble of this Ordinance are true and correct and incorporates them as findings of fact. SECTION 5. REPEALER. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. 2 SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause dYOPoft is Ordinance is for any reason held to be unconstitutional or illegal, such decision e validity of the remaining sections of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared void; and that in lieu of each clause or provision of this Ordinance that is invalid, illegal, or unenforceable there be added by the Mayor as necessary with the approval of the City Attorney as to form, and as a part of the Ordinance a clause or provision as similar in terms to such invalid, illegal or unenforceable clause or provision as may be possible, legal, valid and enforceable. SECTION 7. EFFECTIVE DATE. This ordinance shall become effective upon the adoption of this ordinance. PASSED, APPROVED, AND ADOPTED THIS /V-il'DAY OF I�r �1�t, 2019. ATTEST: Peggy Cimics City Secretary, City of Cibolo osh Boyle MAvnr City of Cibolo APPENDIX 1: COP 1 CIBOLO CROSSING II - PLANNED UNIT DEVELOPMENT DISTRICT I. General Provisions Purpose Statement: Pursuant to City of Cibolo Uniformed Development Code, Section 4.7.4.1.1 (entitled "Planned Unit Development (PUD) District Regulations the Cibolo PUD has been established by the Master Plan, which this document is a part thereof. The purpose of this document is to supplement the Cibolo Crossing II PUD Master Plan and should there be a conflict between the Master Plan and this document, the Master Plan shall prevail. The City and Developer created this document to insure that the Project is 1) equal to or superior to development that would occur under the standard ordinance requirements, 2) is in harmony with the Master Plan, 3) does not have an undue adverse effect on adjacent property or any other matters affecting the public health, safety and welfare, 4) is adequately provisioned by essential public facilities and services, and 5) will be developed and maintained so as to not interfere with the immediate neighboring properties or their development or use in accordance with any existing zoning district. 1. DEFINITIONS In this Cibolo Crossing H PUD terms shall have the same meaning as in the Code unless defined below. If a term is not defined in the Code or defined below such term shall have its ordinary meaning. Terms specifically defined below for this Cibolo Crossing II PUD shall have the meanings which follow: COMMISSION means the Planning & Zoning Commission of the City of Cibolo, Texas. CODE means the City of Cibolo's Unified Development Code (UDC) as may be amended, revised or recodified from time to time. COMMERCIAL USE means any use shown on the UDC's table of permitted uses to be allowed in Section 13.2 of the Code. DEVELOPER means Babcock Road 165, Ltd., a Texas limited partnership DIRECTOR means the City Planner or his/her designee for the City of Cibolo, Texas. FREE STANDING RETAIL BUILDING means a standalone commercial building smaller than 10,000 square feet with one or more tenants, with auto circulation and parking typically on all four sides, and often with drive through facilities. GLAZING means window glass installed on buildings. IN-LINE RETAIL STOREFRONTS means multi -tenant retail uses, typically fronting one direction only and located between Major Tenant Retail uses. INTERNAL CIRCULATION ROUTE means either a public sheet or a private dr v dVty An b within the PD. MAJOR TENANT RETAIL means single tenant retail uses 10,000 square feet or larger. MULTI -USE BUILDING means a building that includes two (2) or more uses. PD means this planned omit development which includes the Master Plan for the Property. PEDESTRIAN NODE means an at -grading pedestrian crossing which is intended to channel pedestrian traffic across roadways and provides visual cues for vehicular traffic through the use of landscape plantings, site lighting, wayfinding signage or any combination of the foregoing. PROJECT means the project described in the Cibolo Crossing It PUD Master Plan. PUBLIC STREET means Ripps-I{ruessler Road, IH -35 frontage road, and/or Wiederstein Road. RESIDENTIAL UNITS) means a room or group of rooms forming a habitable dwelling; with each individual habitable dwelling regardless of size (e.g., one, two or three bedroom apartment units) equaling one "Residential Unit". RESIDENTIAL USES shall mean attached residential uses. RETAIL USES means establishments primarily engaged in the sale or rental of goods and merchandise to the general public. STUCCO means a cement mixture used for siding on a building. SYNTHETIC STUCCO means a textured finish coat applied to the top of the insulation board. TRANSPARENT GLAZING means tinted or clear glass that can be seen through. 2. AMENDMENT 2.1 Minor Changes Minor changes to the Cibolo Crossing lI PUD Master Plan or any Exhibit thereto, which do not substantially and adversely change the PUD or Exhibit may be approved administratively by the Director. Minor changes shall include changes to the uses and intensities specified up to ten percent (10%), so long as the minimum and maximum uses and intensities specified for the overall Project are maintained, changes to the alignment/location of internal roadways, drives and parking fields, minor changes to the sign, lighting and landscape requirements or adjustments or any other changes in land use, minor changes to any matters depicted on exhibits hereto that are intended to be substantially accurate but approximate according to the terns hereof, minor adjustments to building elevations and other adjustments that do not result in material increases to traffic or density, do not materially change the character or nature of the Project and which do not otherwise contradict the express intent and terms 5 of this Agreement. Any requirement in the PD for approval by the Director or of zeQWange official shall be deemed a minor change and may be approved administratively. A mmoll not include a change to the Master Plan, which causes a provision of the Master/ Plan to come in conflict with an existing provision of the Code. In the event that the Director has any doubts about the classification of a change (major or minor) the Director shall direct that the request for change be processed in accordance with Section 2.2. 2.2 Major Changes All changes to the PD or any Exhibit not permitted under Section 2. 1 shall be resubmitted following the procedure required for the original PD approval. 3. CONFLICTS AND APPEALS 3.1 Conflicts In accordance with Section 4.7.4.1.2, the provision of the Master Plan shall apply to and control development within the Project; and, in the event of a conflict with the Master Plan and a specific zoning or subdivision regulation contained in the Code the Master Plan shall control. A Detail Plan created pursuant to Section 4.7.4.1.3.2 shall comply with the provisions with the Master Plan and any conflict between the Master Plan and a Detail Plan shall be resolved in favor of the Master Plan. 3.2 Appeal of Administrative Decisions Any administrative decision made by the Director based on a question that arises as to an interpretation or application of the Master Plan, or a Detailed Plan derived thereunder may be appealed may be appealed to the Planning Commission. Such appeal shall be in writing, and specify the decision that was made and the relief that is sought. The written appeal must be submitted to the City Secretary within ninety (90) days following receipt of the written confirmation of the objectionable administrative decision. Either the Developer or Director may appeal the decision of the Planning Commission to City Council. Such appeal shall be in writing and submitted to the City Secretary within ninety (90) days following the date of Planning Commission's decision. A simple majority vote of the Planning Commission or City Council will be sufficient to overrule the decision of the Director or Planning Commission, as applicable. Any administrative decision made by the Director based on a question that arises as to matters other than an interpretation or application of the Master Plan or a Detailed Plan derived thereunder, may be appealed in accordance with the requirements of the Code or State Law. 4. Exhibits All schedules and exhibits referenced within and attached to this document or the Master Plan are incorporated into and made a part of the Master Plan for all purposes. 0 Y 5. Severability C Neither the Master Plan nor this document are severable. II. DEVELOPMENT PLAN 1. PROPERTY The Project covers approximately 35.906 acres of land located within the city limits of Cibolo, Texas, and being more particularly described in Exhibit A attached hereto (the "Property"). An aerial map of the Property is depicted in Exhibit B, Aerial Map. 2. BASE ZONING DISTRICTS The base zoning district for the PD is C-3. All standards, setbacks and requirements of C-3 District shall apply to the PD, except as and to the extent set forth in or in conflict with the PD. The Property shall be regulated for purposes of zoning by the PD. All uses and development within the Property shall generally conform to the PD as set forth herein. 3. CONCEPT Development Areas (herein so called) of the PD are depicted on Exhibit "C", PD Master Plan. The land area within each Development area may be modified, subject to approval of the Director, such approval not to be unreasonably withheld, conditioned or delayed. Pedestrian connectivity shall be promoted between the two Development Areas through the use of "Pedestrian Nodes" in the locations generally shown on Exhibit C, PD Master Plan. The Pedestrian Nodes shall include at -grade pedestrian crossings, enhanced landscape plantings, site lighting, wayfinding signage (or any combination of the foregoing). Development Area as shown on Exhibit "C", PD Master Plan, is planned for an intensive concentration of Retail Uses, which may include shops, restaurants, cafes and other retail establishments, and may also include entertainment venues, office, hotel, or any other Permitted Uses contained in Table 6.1. 5. PHASED DEVELOPMENT Development of any portion of the PD may be implemented at any time, subject to allowed development intensity and following submittal and approval of the initial site plan requirements of the PD. 6. USES 6.1 Use Table The uses set forth below in Table 6.1 shall apply to the Project, in addition to any other uses as may be approved by the Planning Commission. 7 Table 6.1 A. Allowed Uses Conditional Usesr Prohibited Uses Alcohol, Alcoholic beverages Any heavy commercial or and tobacco sales any industrial use as defined by the 2007 NAICS Manual (unless) otherwise allowed in this table of uses)' Bazaar Seasonal and temporary Any residential use other sales not otherwise than those described in the allowed in accordance "Allowed Uses" column with Sect. 17 of this PD Commercial printing & Specialty auto with minor Automobile paint and body copying services maintenance uses, except shop for those establishments devoting a minimum of (30) percent of their gross floor area to retail sales, such as tire and battery sales Food preparation for retail sale Veterinary clinics not Battery, oil, chemical, or containing outdoor other contaminant drop off animal runs stations Mini storage, similar outdoor storage & warehouse uses Oil replacement and tune-up Mining establishments Public spaces Muffler, transmission, bearing, Theaters Noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas or other related environmental cause 'As approved by the Director 2 2007 NAICS Manual: http://www.census.gov/epcd/wv✓w/naics.html MW Transit stops Outdoor d' motorized ve chi les, warm machinery, truck or trailer, mobile homes, storage pods/containers or recreational vehicles for sale, lease or rental Travel Agency or similar Pawn shop services Uses where at least 800/, of Places of worship gross sales are retail except as (ecumenical) prohibited Hospital, Medical, Dental, Freestanding carwash Therapeutic & similar services Animal grooming Publishing plants Convenience Stores with fuel Repair garages sales and/or automatic car wash Retail printing & copying Sexually oriented business Office Single-family residential home interior finish -out showrooms operated by a homebuilder Retail home improvement Truck stops Restaurants, including drive- Wholesale operations in/drive-thru, refreshment stands/kiosks & outdoor dining Banks Wrecker or junk yards Cultural and visual arts studios On-site dry cleaning, with retail sales and galleries pressing and dyeing plants Parking garage Retail bakeries Retail greenhouse Retail grocery & home supply Personal services such as Hair, skin, massage and nail salons Hotels Stores, shops & markets for retail trade 6.2 6.3 7. Indoor and outdoor commercial recreation and/or entertainment Retail shops/studios Fitness, dance, art, music (or similar activities) studio Interior decor Public or private educational facility (for profit or non-profit Health club, gym Pickup/drop-off dry cleaning establishments Daycare Centers Lot Design Requirements - Residential Uses [Intentionally omitted] Lot Design Requirements - Commercial Uses and Multi -Use Buildings (a) Minimum Lot Area in square feet 5,000 (b) Minimum Lot width N/A (c) Minimum Lot Depth N/A (d) Minimum Front Setback 25' (e) Minimum Rear Setback 15' (f) Minimum Interior Side Setback on a common property line 0' (g) Minimum Street Side Setback (h) Maximum Height of Principal Building (i) Maximmn Lot Impervious Cover PEDESTRIAN CONNECTIVITY 15' N/A, except as provided in Section 13(c) 90% The PD shall be planned as a cohesive grouping of buildings and open spaces. Public Streets and Internal Circulation Routes shall include sidewalks to provide convenient pedestrian access and colmectivity. Emphasis shall be placed on pedestrian linkages between pedestrian oriented streets and the community gathering space within the Project. Developer agrees to use commercially reasonable efforts to design the Project in a way that will promote connectivity between the different types of uses contained within the Project. 10 (A) Walkways shall be designed to allow maximum pedestrian mobility within tt4ilOan dlt. 1`he e accent areas are intended to emphasize important intersections, building entrances esira le pedestrian routes. All sidewalks will be designed to allow pedestrians to freely access all buildings and areas within the Project. All interior walkways shall be a minimum of five (5) feet in width. Walkways not located adjacent to store fronts, loading areas, or other high pedestrian traffic areas may be constructed with concrete, decomposed granite or other similar type material. Handicap ramps and decorative crossings will be constructed in compliance with the Americans with Disabilities Act. (B) Sidewalks shall be constructed along all Public Streets (except IH -35 frontage road) adjacent to and within the Project and shall be a minimum of five (5) feet in width and constructed to City standards and lined with Street Trees. Sidewalks shall be installed concurrently at the time that the adjacent portion of the property is developed. (C) Sidewalks may be located outside the street right-of-way provided they are located in a public use easement shown on the subdivision plat of the affected lot. Alternative surface materials, such as decomposed granite gravel, may be substituted for concrete sidewalks with the approval of the Director. 8. COMMUNITY GATHERING SPACE [Intentionally omitted] 9. SUSTAINABLE LANDSCAPE INITIATIVES 9.1 Site Landscaping and Sustainable Design The Project will comply with Article 17 of the Code. to. ENVIRONMENTAL PROTECTION A unified drainage study for Property covered by an applicable site plan shall be submitted with each applicable site plan, subject to review and approval by the Director. The overall impervious cover within the PD shall not exceed 90% of the total land area outside the 100 - year floodplain within the PD. An impervious cover tracking table shall be submitted with each final plat and each site plan. 11. BUILDINGS 11.1 General Requirements (A) All buildings constructed for Commercial Use in the PD shall comply with Article 8 of the Code. While not required in the PD, roof gardens and useable roof decks may be considered in building design. 11 11.2 11.3 (B) Multi -Use Buildings are peml itted anywhere in the PD. Kq 1 Retail Building Standards (A) Retail Buildings - General Standards In addition to the requirements set forth in Section 11. 1, and except as specifically excepted below in subparagraphs (B), (C) and (D), the following standards shall apply to buildings developed for Retail Uses (e.g. in-line storefronts, junior anchor buildings, anchor buildings and free standing buildings): 1. Buildings developed for Retail Uses shall include ground level Commercial Uses that generate pedestrian activity. 2. Buildings developed for Retail Uses shall incorporate provisions for shade and pedestrian shelter. 3. Curbside parallel parking and head -in parking are permitted along Interior Circulation Routes that serve buildings developed for Retail Uses. 4. Designated loading of goods and service areas typically associated with the rear of buildings shall not be pemlitted along the front or sides of buildings developed for Retail Uses, unless otherwise approved by the Director. 5. Within buildings developed for Retail Uses, Residential Uses may be provided on floors above the ground floor level. 6. The ground floor of buildings constructed for Retail Uses shall be designed to accommodate active uses that open onto the sidewalk. Active uses include outdoor cafes, patios and plazas, seating areas and other landscape areas designed for patron and/or pedestrian use. 7. All buildings constructed for Retail Uses shall have a sidewalk that adjoins the main customer entrance. Residential Building Standards The provisions of this Section shall be applicable to Residential Uses within the Project. (A) Roofing Materials: Roofing materials for buildings constructed for Residential Uses shall consist of standing metal seam, slate, tile, concrete products, twenty (20) year composite shingles, or such other similar quality material). (B) Building Elevations: Building design shall incorporate design features that have a residential appearance and that will minimize the appearance of building mass and bulls. Building facades shall include offsets and setbacks. Roof lines shall be varied and roof elements (such as pitched roofs) shall be incorporated to enhance such residential appearance. Front building entries shall be pedestrian scaled with an entry element (such as building overhang, entry porch or other canopy). 12 (C) Required Amenities: The Project shall have at least one amenity center on eac t%e%J loPA Ar Residential Uses. Said development or construction costs shall be borne by Che bevet ur. 7VII maintenance costs shall be the responsibility of an on-site management company, homeowners association or a property owners association, as applicable, that owns and/or uses the amenity center. 1. The Developer shall use commercially reasonable efforts to employ adequate security for the project in an effort to retain the high quality and professional standards for the Project. 2. A mandatory property owners association, homeowners association or on-site management company shall be created for the ownership's administration and maintenance of the Residential Uses of the Project. (D) Building Orientation: The front building elevation shall be oriented to adjacent streets or Internal Circulation Routes to promote a coherent development pattern and streetscape along the edge of the development. The building shall address streets, drives and Internal Circulation Routes creating a pedestrian experience at a human scale. Individual buildings structures shall be harmoniously arranged to other structures. Building entry points shall be shared whenever feasible and be organized in a coherent pattern. 12. SITE DEVELOPMENT REGULATIONS 12.1 Calculating Site Development Regulations The development regulations set forth in this PD (including but not limited to such matters as permitted uses, building coverage, the floor -to -area ratio, height limits, parking, landscaping and required open space) shall be calculated on the cumulative gross land area. 12.2. Open Space Standards Open space is an essential element in the PD. No less than 10% of the property shall be devoted to landscaped open space elements. Qualifying open space includes plazas and other outdoor gathering areas (both hardscape and landscape areas), landscaped areas and lawns, planters and landscaped non - structured detention areas. 13. COMPATIBILITY STANDARDS Within the boundaries of the PD, the following compatibility standards are established as the only compatibility standards applicable to Commercial Use and other permitted uses. Compatibility standards shall not apply on a Residential Use to Residential Use basis, and shall not apply to any Commercial Use or civic use except as and to the extent set forth below. (A) Within the boundaries of the PD, a landscape buffer at least 10 feet wide shall be provided and maintained between areas developed for Residential Uses and areas that include the following Commercial Uses: commercial off-street parking, consumer repair services, food preparation, hotel - 13 I-InD motel, indoor entertainment, off-site accessory parking, outdoor entertainmen , �idTitedterAui h landscape buffer shall be measured from the property line of the area develope or esr ential Uses. (B) Within the boundaries of the PD, a landscape buffer at least 20 feet wide shall be provided and maintained between areas developed for Residential Uses and areas that include the following Commercial Uses: cocktail lounge, drive- through services, indoor sports and recreation and service station. Such landscape buffer shall be measured from the property line of the area developed for Residential Uses. (C) Building heights within 50 feet of the south Property boundary shall not exceed three (3) stories high. (D) A landscaped buffer complying with the planting requirements set forth in the Code will be located on the Property along the southern boundary of the PD for a minimum of twenty five (25') feet in width. 14. UTILITIES if approved by the City, common trenches, which provide safe separation distances, are allowed, or as provided by City standards. Except for electrical transmission lines and temporary overhead lines installed for temporary construction site offices, utilities shall be located underground. Newly constructed electrical, water, wastewater, telephone, natural gas, cable television and telecommunications utility lines constructed within the PD will be underground (excluding above -ground connections and associated utility facilities which are commonly constructed above -ground in conjunction with underground utility lines). Above ground utility facilities shall be located away from or screened from predominant public view, to the extent practicable. 15. PARKING REQUIREMENTS Off-street parking and loading requirements for development in the PD shall comply with Code, except as set forth below: (A) The required parking for a use on a specific lot may be located anywhere on that specific lot. Shared parking will be permitted and will be addressed on a lot -by -lot basis with individual site plans. (B) Vehicular access easements from one lot to adjacent lots and for private driveways within a lot may be provided on the subdivision plat or by separate recorded instrument. Such access easements may be specifically defined or blanket access easements. (C) All driveways connections to Public Streets shall be designed to align with opposing driveways or be offset a minimum of one hundred twenty five (125) feet, measured from face of curb or 14 16. 17 M edge of pavement to face of curb or edge of pavement. (D) Curbside parallel parking of 7.5 feet width and head -in parking of 18 feet depth are permitted along Public Streets and Internal Circulation Routes that serve buildings constructed for Retail Uses. (E) Plans for location, design and layout of all loading spaces shall be indicated on required site plans. RIPPS-KRUESSLER STREET EXTENSION The Ripps-I-ruessler street extension within the PD shall be designed and constructed as provided in Exhibit D, Ripps-Krressler Street Extension Cross Section, or as otherwise approved by the Director. OUTDOOR SALES, STORAGE AND DISPLAYS (A) Areas that are enclosed for security purposes and are generally in line with the primary facade of a building (e.g. outdoor home and garden sales area) shall not be considered 'outdoor sales", "displays", or "open storage" for purposes of regulation under the Code or this PD. Such areas shall be incorporated into the architecture of the structure to the extent practicable. (B) Non -enclosed outdoor sales and displays are permitted within the Project, subject to the following: (i) such areas must be located in front of a store on a sidewalk area and/or under canopies, awnings or other overhangs; (ii) away from a building, including in a parking lot, provided that such use away from a building may not occur any more often than four (4) times in a year and may not continue for more than four (4) weeks on any one of such occurrences; and (iii) the permitted outdoor sales area may not impede traffic circulation. The site plan for any Commercial Use shall include the approximate locations of any outdoor display and/or storage areas. (C) Unless otherwise approved by the Director, designated outdoor storage areas and service and off- street loading areas shall be located at least twenty five (25) feet from any Public Street, public sidewalk, Residential Use or public pedestrian pathway, except as required under the Americans with Disabilities Act or the Texas Accessibility Standards or as approved by the Director. SCREENING OF SERVICE AND LOADING AREAS; EQUIPMENT All loading and service areas, truck docks, trash and recycling collection areas, and permanent outdoor storage areas shall be screened from view from adjacent Public Streets. Gas pumps, garage bays and service areas associated with auto oriented services, such as auto repair and gas stations, shall be screened from adjacent Public Streets and Internal Circulation Routes. Required screening shall be accomplished by any combination of screen walls, decorative fencing and landscape screen plantings that are compatible with the Project design. Screen wall materials shall be either clay f'e'ed brick, stone, concrete, Stucco or CMU, and shall be a color that is consistent or complimentary with the color of the primary building. Exposed conduit, ladders, utility boxes and drain spouts shall be painted and shall match the color of the building or be a complimentary accent color. Notwithstanding the foregoing, 15 natural metal finishes are an acceptable alternative to paint. Mechanical equipme tilY600 onto s shall be screened by an appropriate building element such as a parapet wall, offiamentat tower, or pitched roof to the extent that such mechanical equipment is not readily visible from any street level location. The noise level of mechanical equipment on a lot within the PD which abuts a Residential Use or a Public Street may not exceed a constant level of 70 decibels at the property line of the lot on which the equipment is located. 19. SITE LIGHTING Site Lighting is divided into two components: General Lighting and Pedestrian Lighting. General Lighting refers to illumination of large portions of parking areas within areas developed for Commercial Uses, while Pedestrian Lighting refers to those areas along building fronts, plazas, outdoor dining areas, and areas where a smaller scale light is generally appropriate. Lighting shall not flash, blink, or move in any way. Lighting shall not produce direct off-site glare. Security lighting must be designed to avoid glare and shall be directed downward. Service area lighting must be screened to contain light within service areas. Lighting foot-candles should be less than one (1) foot-candle at the perimeter of the Project, excluding lighting required by and the City and/or State of Texas for streets and roads. Lighting foot-candles shall vary within the PD. 1. Fixture types used for General Lighting must be cut-off so that the source of the illumination is shielded from view to the maximum extent possible. 2. General Lighting fixtures will be mounted no higher than thirty (30) feet above the adjacent finished grade. 3. Pedestrian lighting shall enhance architectural character, nighttime visibility and pedestrian use of the development. 4. Light poles for Pedestrian Lighting shall not exceed sixteen (16) feet in height above grade with a sena-concealed or cutoff source and prevent illumination directly into the residences. 5. Pedestrian Lighting and General Lighting light color shall be consistent and at a brightness level to provide safety and security while adhering to established dark sky principles. 6. Further information regarding the fixture design, location and number of lighting fixtures will be provided at the site plan and site development permit phase. 7. Street Lighting for Public Streets shall comply with Code. 20. FENCING. When fencing is constructed within the PD, it shall meet the following standards: (A) Street Yard Fencing: Fencing in street yards shall be constructed of wrought iron or similar 16 material, masonry, composite or woodcrete. A street yard fence shall wrap a90N a minimum of fifty feet (50') alongside property lines. (B) Other Yards: Fencing in yards other than street yards shall be constructed of wood, woodcrete, masonry, composite or wrought iron. All fence posts shall be either masonry or rust resistant steel, or similar material set in concrete. Fence posts for Residential Uses may be constricted of vinyl. The finished side of all perimeter fencing shall face the outside of the development. (C) Fences are not required to be installed between rear and side yards of Residential Uses and internal streets within the PD, in order to facilitate connectivity within the PD. Except as otherwise described in the PD, fences are not required to be installed for land uses along any propeliy line which abuts lower intensity uses. Fencing may be provided at the rear lot lines of attached Residential Uses where an attached residential use abuts a more intensive use. 21. SIGNAGE Except as specified in this Section or otherwise approved by the Director, signs within the PD shall comply with applicable provisions in the Code. Permitted sign categories include all sign categories permitted under the Code, the sign categories in Section 21 (B) below, and any additional sign categories approved by the Director. (A) All signs shall be compatible with the design of the buildings and be sized and scaled appropriate for the building and site. Traffic signs and directional signage shall be consistent in design within the PD. All signage shall address both the communications functions of a sign as well as its aesthetic integration with the overall design of the PD. All cabinets, transformers, ballasts, attachment devises and similar equipment must be concealed. All sign lighting shall be designed to cut-off direct light to any residential windows. Developer may submit to the City for review by the Director a sign program addressing the appearance, materials and other relevant information regarding Developer's proposed signage for some or all of the Project, and if such program is approved by the Director then Developer may construct the signage allowed by this PD that is consistent with that approved program, and such signage shall be deemed permitted under the Code. (B) The standards of on -premises signs within the PD shall be as set -forth in - the Sign Ordinance, except the following shall be permitted within the PD: (1) Project Identity Signs/Gateway Signs: Two (2) Project Identity Signs (herein so called), which serve as distinctive symbols for the PD as a whole and serve as a gateway for Cibolo and surrounding communities, are permitted in the PD along IH -35 and each sign may not exceed fifty (50) feet in height and a maximum of 250 square feet per side. Project Identity Signs shall have an iconic quality that sets forth an identifiable brand of the PD. Project Identity Signs may signify tenant directory information and also may include the logo or trademark of the Project. Project Identity Signs shall be ground mounted, however pylon extensions may be 17 erected from the ground monumentation to achieve the sign's allow hYoZ%€AI i1Eig t provided such extensions will include architectural enhancements consistent wrt tet emmg of the Project. Administrative approval by the Director of a submitted Project Identity Sign shall not be unreasonably withheld, provided that the applicable sign complies with the standards set forth above. (2) Monument Signs: one (1) shopping center directory and/or business advertisement sign along Wiederstein Road and one (1) sign along Ripps-Kruesler street extension, each with a maximum height of sixteen feet (16') and having a maximum sign panel area of two hundred square feet (200 so per side. (3) Business Advertisement Signs: Business Advertisement -Signs located 50 feet or falther from any Public Street may be located within the PD provided that said signs comply with visibility requirements set forth in Section 58-12 of the Sign Code. Such signs must be ground mounted with a maximum height of eight (8) feet and a maximum of sixty-four (64) square feet in sign area. (4) Signs for Pad Site Users on I-35 and Wiederstein Road: In addition to the signs permitted above, one (1) double -sided, single pole pylon sign or monument sign for each pad site user within the Property will be permitted. Such signs shall not exceed thirty-eight (38) feet in height and the sign panel area of each sign shall not exceed one hundred fifty (150) square feet per side. Such signs shall have a minimum ground clearance of at least eighteen (18) feet. (5) Sign Kiosks: Pedestrian sign kiosks, no greater than eight (8) feet in height, may be located in areas of the PD and must infoml visitors of Cibolo or the surrounding area's history and special events, so as to encourage visitation to the Cibolo downtown area and other surrounding areas. 22. ALLOWABLE DEVELOPMENT INTENSITY The maximum allowable intensity of development within the PD shall be as follows: (a) the gross square feet of Commercial Uses shall be unlimited and (b) no Residential Units shall be allowed within the Project; provided, however this limitation shall not apply to Residential Units located above ground floor Commercial Uses. 23. SUSTAINABLE SITE STRATEGIES Although not required, the environmental and green building standards contained in Exhibit "F" attached hereto are encouraged within the PD. 18 LIST OF EXFIIBITS Exhibit A: Property Description (Metes & Bounds) Exhibit B: Aerial Map Exhibit C: PD Master Plan Exhibit D: Ripps-Kruessler Street Extension Exhibit E: [intentionally omitted] Exhibit F: [intentionally omitted] Exhibit G: Sustainable Project Strategies 19 Exhibit A: Rezoning Exhibit (Legal Description) C Legal description of land: Being 35.906 acres of land out of the John Saladin Survey No. 404, Abstract No. 299, Guadalupe County, Texas, and being 35.906 acres (designated as Tract 1 in a survey by William J. Koloozie Surveying Co.) out of that certain 79,3 acre tract of land conveyed by Woodrow Wuest, at al., to W.E. Dean, Trustee, by deed dated July 2, 1957 and ri in Volume 309 on Guadalupe County, Texas, and described more particularly by metes and bounds as follows:of BEGINNING at an iron pin and corner post in the point of intersection of the Southeast line of interstate Highway No. 35, with the original Southwest line of the above described W. E. Dean, Trustee, 79.3 acre tract, set for the West Corner of the herein described 35.906 acre tract; THENCE with the Southeast line of Interstate Highway No. 35, N. 39 degrees 03 minutes E, 651.40 feet, N. 42 degrees 09 minutes E. 500.0 feet, N. 37 degrees 07 minutes E. 136.80 feet, and N. 46 degrees 21 minutes E. 73.10 feet to an iron pin set for the West corner of another 35.906 acre tract out of the W. E. Dean, Trustee 79.3 acre tract (such other 35.906 acre tract being designated as Tract 2 in a survey by William J Koloozie Surveying Co.), for the North corner the herein described 35.906 acre tract; THENCE with the Southwest line of the said 35.906 acre Tract 2, S. S. 30 degree 12 minutes E. 1,41.5 feet to an ion pin in the fence, ne of the forthelSouth co nerrof the said 35.906 actre Tract 2, for 'the East c rner of the herein desc bedr35rE. Dean, Trustee, 7.3 ace tact, set 9D6 acre tract; THENCE with the fence, the Southeast line of the said W. E. Dean, Trustee, 79.3 acre tract, S. 59 degrees 49 minutes W. 137.65 feet, S. 59 degrees 54 minutes W. 855.45 feet, and S. 59 degrees 59 minutes W. 283.95 feet to an iron pin and corner post set for the South corner of the said W. E. Dean, Trustee, 79.3 acre tract, for the South comer of the herein described 35.906 acre tract; THENCE with the fence, the Southwest line of the said W. E. Dean, Trustee, 79.3 acre tract, N. 30 degrees 33 minutes W. 986.50 feet to the PLACE OF BEGINNING. Save and Except 0.034 of an acre of land, more or less, having been conveyed to the State of Texas by Deed with controlled access highway facility filed May 3, 1995 and recorded in Volume 1144, Page 711, Official Public Records, Guadalupe County, Texas. 20 � 1 � O ®,.....-,..r..-�f�Ofd-Wiederslel' Rd :ibolo Va11ey-D� - a s I , , c f y'. YL1 r '^ I 3 e / O LLTL ( I I � e Exhibit C: Rezoning Exhibit COPY Exhibit D: Rezoning Exhibit (Ripps-Kruessler Street Extensio, 23 r ii Ir Eli W 0 1.0 1 23 r ii 23 Fm \}\� }/ � \\\� \ t� 63 z - Jjqi .� t3 Fm \}\� }/ � \\\� \ Fm \\\� \ .� Fm Exhibit E: Updated Official Zoning Map - City Of Cibolo, Texis COPY 1ffit 73�� �' (�1 I 4L� rt nvnu<•�. . s.• s 1 — �— .J r r I i iw h � —_ 1 upGo.a:vo np - ........ ....... 'Vw1.E aaNnp P.rarLln.nwe3N I ._f ��; "VeNlE ienlnp P.r O�Elmep lta.0 i � %"I 4. Ryor CIOo P OFFICIAL ZONING MAP p't j/% of Cibolo FOb • �; e FebNary 12.2019 0 0.5 1 2 1:24,000 Miles 25 Exhibit F: Sustainable Site Strategies Landscaping and site design to conserve water, filter run-off water and promote native plant life: Provide customers with education materials provided by Grow Green and similar organizations regarding the use of enviromuentally sensitive fertilizers, native plants, etc. Use of environment -friendly products: When termiticide is used, use an EPA -registered termiricide in a soluble or amusable, concentrated form that dilutes with water or foaming agent- applied in as per the product's EPA- Register Label, in a manner that does not pose environmental risks; Fertilizer not more than the equivalent of 60 pounds of nitrogen per acre per year will be applied, except where greater plan nitrogen uptake is demonstrated; Avoid leach pollutants such as creosote treated railroad ties; No coal tar based sealants used; Development and implementation of progressive Integrated Pest Management Plan (IPM) that will call for the use of chemicals as a last resort in the progression and for the least toxic chemicals approved for use. The IPM should address construction and post- construction chemical use. Use of pervious paving materials Standards and Practices: Implementation of any energy and green building programs offered through the State of Texas and City Public Service. Green building materials(http://vwvw.greenbuilder.com/Sourcebook//) Resource Efficiency can be accomplished by utilizing materials that meet the following criteria: a. Recycled Content: Products with identifiable recycled content, including postindustrial content with a preference for postconsumer content. b. Natural, plentiful or renewable: Materials harvested from sustainably managed sources and preferably have an independent certification (e.g., certified wood) and are certified by an independent third party. c. Resource efficient manufacturing process: Products manufactured with resource - efficient processes including reducing energy consumption, minimizing waste (recycled, recyclable and or source reduced product packaging), and reducing greenhouse gases. d. Locally available: Building materials, components, and systems found locally or regionally saving energy and resources in transportation to the project site. e. Salvaged, refurbished, or remanufactured: Includes saving a material from disposal and renovating, repairing, restoring, or generally improving the appearance, performance, quality, functionality, or value of a product. 26 f Reusable or recyclable: Select materials that can be easily disma tl a3sd t@use� o recycled at the end of their useful life. g. Recycled or recyclable product packaging: Products enclosed in recycled content or recyclable packaging. h. Durable: Materials that are longer lasting or are comparable to conventional products with long life expectancies. 2. Indoor Air Quality (IAQ) is enhanced by utilizing materials that meet the following criteria: a. Low or non-toxic: Materials that emit few or no carcinogens, reproductive toxicants, or irritants as demonstrated by the manufacturer through appropriate testing. b. Minimal chemical emissions: Products that have minimal emissions of Volatile Organic Compounds (VOCs). Products that also maximize resource and energy efficiency while reducing chemical emissions. c. Low-VOC assembly: Materials installed with minimal VOC-producing compounds, or no-VOC mechanical attachment methods and minimal hazards. d. Moisture resistant: Products and systems that resist moisture or inhibit the growth of biological contaminants in buildings. e. Healthfully maintained: Materials, components, and systems that require only simple, non-toxic, or low-VOC methods of cleaning. f. Systems or equipment: Products that promote healthy IAQ by identifying indoor air pollutants or enhancing the air quality. Energy Efficiency can be maximized by utilizing materials and systems that meet the following criteria: a. Materials, components, and systems that help reduce energy consumption in buildings and facilities. (See Green Building Basics for more information.) 4. Water Conservation can be obtained by utilizing materials and systems that meet the following criteria: a. Products and systems that help reduce water consumption in buildings and conserve water in landscaped areas. (See Green Building Basics for more information.) 5. Affordability can be considered when building product life- cycle costs are comparable to conventional materials or as a whole, are within a project -defined percentage of the overall budget. (Sec Environmental and Economic Assessment Tools) for links to resources.) a. Green building standards & practices. US Green Building Council (https://www.usgbc.org) 27